Page:United States Statutes at Large Volume 47 Part 1.djvu/278

254 GIFT TAXES Period of limitation u pon as se ssm ent and collection . Assessment within three years. Exceptions. False return or no return . Collection after as- sessment . By dist raint . Within six years . Or priortoexpiration of collection period . Suspensi on of run- ning of statute . Period of. Ante, p. 250. Until final decision of Board . Additions to tax in case of failure to file return . Additional tax im- posed . If failure not willful neglect. Manner of co llection . In lieu of former levy . i t.S.,scc.3176,p.610. U. S. C., 731. Tax in case of defi- ciencies . Additions to, in case of negligence, etc . Rate . 72d CONGRESS . SESS . I. CH. 209 . JUN E 6, 1932 . the same man ner and subject to the s ame provi sions an d limita tions as are provided in sections 513(i), 521(b), and 524(b)(3) in the case of a deficiency in a tax imposed by this title . SEC. 517. PERIOD OF LIM IT ATI ON UP ON ASS ES SME NT AND C OL- LEC TION . (a) GE NER AL RuLE.-Except as provided in subsection (b ), the amount of taxes imposed by this title shall be assessed within three years after the return was filed and no proceeding in court without assessment for the collection oft such taxes shall be begun after the expiration of three years after the return was filed . (b) EXCEPTIONS† (1) FALSE RETURN OR NO RETURN .- I n the case of a false or fraudulent return with intent to evade tax or of a failure to file a return the tax may be assessed, or a proceeding in court for the collection of such tax may be begun without assessment, at any time. (2) COLLECTION AFTER ASSESSMENT .-Where the as sessment of any tax imposed by this title has been made within the statutory period of limitation properly applicable thereto, such tax may be collected by distraint or by a proceeding in court, but only if be un (1) within six years after the assessment of the tax, or (2) pri or to th e expira tion of any peri od for c ollectio n agreed upon in writing by the Commissioner and the donor. SEC . 518. SUSPENSION OF RUNNING OF STATUTE . The running of the statute of limitations provided in section 517 on the making of assessments and the beginning of distraint or a proceeding in court for collection, in respect of any deficiency, shall (after the mailing of a notice under section 513 (a )) be suspended for the period during which the Commissioner is prohibited from making the assessment or beginning distraint ora proceeding in court (and in any event, if a proceeding in re spect of the def iciency is placed on t he docket of the Board, until th e decision of th e Board becomes final), and for 60 days thereafter . SEC. 519. ADDITIONS TO THE TAX IN CASE OF FAILURE TO FILE RETURN. In case of any failure to make and file a return required by this title, within the time prescribed by law or prescribed by the Com- missioner in pursuance of law, 25 per centum of the tax shall be added to the t ax, except that when a return is - filed after su ch time and it is shown that th e failur e to fil e it was due to reasonab le cause and not due to willful neglect no such addition shall be made to the tax . The amount so added to any tax shall be collected at the same time and in the same manner and as a part of the tax unless the tax has been paid before the discovery of the neglect, in which case the amount so added shall be collected in the same manner as the tax. The amount added to the tax under this section shall be in lieu of the 25 per centum addition to the tax provided in section 3176 of the Revised Statutes, as amended . SEC. 520. ADDITION S TO THE TAX IN CASE OF DEFICIE NCY . (a) NEOLICENCE . If any part of any deficiency is due to negli- gence, or intentional disregard of-'°rules and regulations but without intent to defrau d, 5 per centum of the total amo unt of the defici ency (in addition to such deficiency) shall be assessed, collected, and paid in the same manner as if it were a deficiency, except that the pro- visions of section 522, relating to interest on deficiencies, shall not be applicable .